1. (a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between officers and employees of the department and private organizations or donors.

2. (b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Department--The Texas Department of Agriculture.
   2. (2) Officer--The commissioner and deputy commissioner of agriculture.
   3. (3) Employee--Any person, other than an officer, employed by the department.
   4. (4) Private organization--A private organization designed or operated to further the purposes and duties of the department.
   5. (5) Donor--An individual or organization that gives or offers to give nonpublic gifts or donations, in whatever form, to the department.

3. (c) Administration of donations.

   1. (1) Any funds received by the department as donations will be deposited in the state treasury.
   2. (2) Any funds received by a private organization as donations for the benefit of the department shall be administered by the private organization in a manner that best serves the interests of the department. Any income from the investment of such funds shall also accrue to the benefit of the department.
   3. (3) All donations, in whatever form, will be used for the purpose specified by the donor, or for general departmental programs if no purpose is specified.

4. (d) Standards of conduct.

   1. (1) An officer or employee shall not accept or solicit any gift, favor, or service from a private organization or donor that might reasonably tend to influence him in his official duties or that he knows or should know is being offered him with the intent to influence his official conduct.
   2. (2) An officer or employee shall not accept employment or engage in any business or professional activity with a private organization or donor which the officer or employee might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official position.
   3. (3) An officer or employee shall not accept other employment or compensation from a private organization or donor which could reasonably be expected to impair the officer or employee's independence of judgment in the performance of his official position.
   4. (4) An officer or employee shall not make personal investments in association with a private organization or donor which could reasonably be expected to create a substantial conflict between the officer or employee's private interest and the interest of the department.
   5. (5) An officer or employee shall not intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his official powers on behalf of a private organization or donor or for having performed his official duties in favor of a private organization or donor.
   6. (6) An officer or employee who has policy direction over the department and who serves as an officer or director of a private organization or donor shall not vote on or otherwise participate in any measure, proposal, or decision pending before the private organization or donor if the department might reasonably be expected to have an interest in such measure, proposal, or decision.
   7. (7) An officer or employee shall not authorize a private organization or donor to use property of the department unless the property is used in accordance with a contract between the department and the private organization or donor, or the department is otherwise compensated for the use of the property.

Source Note:The provisions of this §1.81 adopted to be effective February 2, 1994, 19 TexReg 495.